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HARRISON v. GILLESPIE

No. 08-16602.

640 F.3d 888 (2011)

James M. HARRISON, Petitioner-Appellant, v. Douglas GILLESPIE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 15, 2011.

Amended May 10, 2011.

Attorney(s) appearing for the Case

David M. Schieck , Clark County Special Public Defender, Las Vegas, NV; JoNell Thomas (argued) and Scott Bindrup , Deputy Special Public Defenders, Las Vegas, NV; Bret O. Whipple , Las Vegas, NV, for the petitioner-appellant.

Steven S. Owens (argued) and David Roger , Office of the Clark County District Attorney, Las Vegas, NV; Catherine Cortez Masto , Nevada Attorney General, Carson City, NV, for the respondent-appellee.

Opinion by Judge MILAN D. SMITH, JR.; Dissent by Judge THOMAS; Dissent by Judge REINHARDT.

ORDER

Appellant's request for judicial notice of documents filed in the state trial court is granted.

Chief Judge Kozinski, and Judges Graber, McKeown, Wardlaw, Clifton, and M. Smith voted to deny Appellant's petition for rehearing by the en banc court. Judges Reinhardt, Thomas, W. Fletcher, Fisher, and Berzon voted to grant the petition. The petition is denied. No further petitions for rehearing may be filed.

The majority opinion, and the dissenting...

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